2. The regulation found at 49 CFR 383 implements the 1991 Omnibus Transportation Employee Testing Act, requiring DOT agencies to implement drug and alcohol testing of safety-sensitive transportation employees. Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. Now join thousands of your friends and neighbors in supporting it.With gratitude, Getting Medical Marijuana in Pennsylvania - PA.GOV Workplace Drug Testing in Pennsylvania | Nolo In February 2021, a Weis Markets distribution center in Northumberland County sent employee Blake Longenecker home for five days after his medical marijuana card fell out of his wallet at work, according to his lawsuit. What do I need for my appointment? Especially in tighter economic times, people should not be forced to choose between the essentials, and essential news. Losing a job over a positive drug test can put unemployment benefits at risk. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. What are your rights as a medical marijuana patient when it comes to employment? Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require - or prohibit drug . The governor will sign the bill on Sunday. Can You Use Your Medical Marijuana Card in Another State? For example, Pennsylvanias medical marijuana law says that patients are prohibited from certain jobs or job functions if they have more than 10 nanograms of THC per milliliter of blood in their system, including working with: Chemicals requiring a permit issued by the state or federal government. spotlightpa.org/donate. Here's a list of the top 10 companies that conduct drug testing in Pennsylvania: The Phillips Group Walmart Bayer Amazon Proctor & Gamble Seagate Target Home Depot Frito-Lay American Express The bottom line A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs. Update - Medical Marijuana in the Pennsylvania Workplace Tolerance and acceptance for marijuana for medicinal uses vary from state to state. Often this term is used in the context of drivers who pose a safety risk.The nationally recognized level of impairment for drunken driving is .08 g/mL blood alcohol concentration, according to the National Conference of State Legislatures. If you are fired or refused a job because of your status as a medical marijuana patient, in many cases, you can file a lawsuit. The employee, a Security Analyst, was required to submit to a return-to-duty drug test after being on leave for more than 90 days due to a surgery. 5 min. Otherwise, she says, there may not be any need to alert the employer, provided you only use marijuana at home, and dont think it will realistically come up while on the job. He was demoted from that job to one that paid almost half, according to the lawsuit. This article and all of our journalism are available to you at no cost thanks to our supporters. Copy of your valid DOT medical card. It limits your ability to manage your medical condition.. He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA. After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. Anyone in the industry is actually taking a pretty big risk, hoping that the federal system doesn't crack down like it did in the beginning. In lawsuits, medical marijuana patients said they were denied or fired from a variety of jobs: forklift operator, welder, medical assistant, construction worker, emergency medical technician, and customer service representative. The law says that employers cant discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against patients compensation, terms, conditions, location or privileges solely based on their status as registered medical marijuana users. In 2018, Pittsburgh firefighters worked out an agreement with city officials that created specific protections for medical marijuana cardholders who use the drug off duty. Fast and Simple. In Harrisburg, negotiations over employment protections have been lengthy and challenging, state Sen. Michele Brooks (R., Mercer) said during a committee hearing earlier this year. Office of Drug & Alcohol Policy & Compliance. Find a Drug Test Location. Its complicated. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). who are committed to accountability journalism that gets results.If you value this reporting, please give a gift today at 2022, Pennsylvania Department of Health, August He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job.I have had firefighters tell me that its changed their life dramatically, Leech said. Buy marijuana from cannabis dispensaries in the State of Virginia. Spotlight PA relies on funding from They can be punished if they show up to work impaired similar to the process for other drugs, according to Leech and a city spokesperson.Other firefighters have told Leech theyre drinking less alcohol, or theyve switched from federally approved prescription drugs, such as opioids, to medical marijuana because they feel its safer and less addictive. Here is what you need to know: Pennsylvanias Medical Marijuana Act provides some specific antidiscrimination protections for registered patients when it comes to employment. If an employee tests positive for medical marijuana on a post-accident test, the employer should not terminate without reasonable suspicion unless: (A) the employee has no valid medical card; (B) the prohibition under category (1) above applies and the nanogram level has been met; or (C) the DOT exception I explain below applies. Other firefighters have told Leech theyre drinking less alcohol, or theyve switched from federally approved prescription drugs, such as opioids, to medical marijuana because they feel its safer and less addictive. Medical Marijuana And Drug Tests | Marijuana & The Workplace They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit. We still have the right to earn a living.. I'm a general assignment breaking news reporter. Can I Get Fired for Using Medical Marijuana if I Have a Missouri Urine tests can detect cannabis in the urine for approximately 3-30 days after use. And they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. Its definitely better to have some protections than none, says Jamie Gullen, a supervising attorney with Community Legal Services of Philadelphias employment unit. Employers in general are not opposed to medical marijuana, Alex Halper, director of government affairs for the chamber, told Spotlight PA. They just want to know what the rules are when theyre hiring for safety-sensitive positions.. (Steven M. Falk of The Philadelphia Inquirer)It helps with pain. Saliva tests can detect cannabis for approximately 24 hours after use. The use and sale of marijuana is completely illegal. Despite widespread demands for clarity from businesses, cannabis advocates, attorneys, and at least one judge, the legislature and governor have so far failed to explicitly outline the rights of scores of workers and employers. If you have one of these conditions, and you obtain your physician's certification, you can visit the state's Department of Health website and apply for your Pennsylvania medical marijuana card. More than 30 employer groups, including the Pennsylvania Chamber of Business and Industry, have urged the legislature to provide clear guidance on marijuana and workplace safety issues. people, places, and food of Pa. every Friday, plus events, guides, Thats a fairly common outcome, as many cases Spotlight PA reviewed were withdrawn before a judge ruled on the merits of the case. Gullen adds that if youre applying for a job that you know does drug testing, you may want to be up front about your status, and be able to provide supporting documentation. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. Asked June 14, 2017. . Frequently Asked Questions About Medical Marijuana in Virginia DOT "Recreational Marijuana" Notice | US Department of - Transportation Spotlight PA is different. I feel like I have a target on my back, Douglas told Spotlight PA in June. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. The criteria usually include being a resident of the state and having a qualifying condition. That leads to inconsistency and what employers see as a lose-lose scenario: Either risk a wrongful termination suit, or potentially allow an unsafe work environment.Despite widespread demands for clarity from businesses, cannabis advocates, attorneys, and at least one judge, the legislature and governor have so far failed to explicitly outline the rights of scores of workers and employers.A review of more than a dozen state and federal lawsuits by Spotlight PA highlights the laws ambiguity, showing the ramifications faced by legal marijuana users. While non-safety-sensitive workers can rely on significant employment protections thanks to the Oklahoma Medical Marijuana and Patient Protection Act, the bill doesn't prevent employers from enacting drug testing policies in their workplaces, even for those with valid medical marijuana licenses. National Conference of State Legislatures. The safety question is a complex one. PGWs first responsibility is always the safety of our employees, customers, and communities across the City of Philadelphia and ensuring safety throughout all our operations, spokesperson Richard Barnes said in an email. What to bring to a DOT physical; How long does marijuana stay in your system? Blood, urine, and hair Workers described how medical marijuana helped them deal with post-traumatic stress disorder, anxiety, and other conditions. People who really need marijuana to function because of their disabilities and health conditions are stuck in a difficult situation, Gullen says. The U.S. Department of Transportation, for instance, says pilots, school bus drivers, truck drivers, train engineers, ship captains all deemed safety-sensitive employees fall under its drug testing requirements and cant use the drug. The card is generally valid for one year and can be renewed. The Pennsylvania Cannabis Coalition, Pittsburghs firefighter union, and a statewide trial lawyers association opposed the bill and wrote that creating workplace standards must be done carefully to ensure that patients are not deterred from seeking treatment out of fear of reprisal., A wide range of employer groups representing everything from construction businesses to child care centers to restaurants urged lawmakers to pass the bill in an April memo, writing that employers should not be inhibited from maintaining reasonable workplace safety policies to protect their people, customers and the public., Mensch said he later amended the bill to focus on impaired workers in safety-sensitive roles, a change that would make it much more workable., Still, Democrats on the committee raised concerns about how employers would judge impairment. Show moreKey PointsVague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug.Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit.More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. Things are less clear cut if you have a felony conviction, however. Attorneys for Weis Markets acknowledged that Longenecker was sent home after his medical marijuana card was found at the facility, but the company denied discriminating against him. Drug Testing in Pennsylvania: There is no specific Pennsylvania drug testing law. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.. We shouldnt be limited. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. Driver Qualification FAQs | DOT Medical Card & Physical | J.J. Keller The number of urine drug screens in Pennsylvania that included marijuana dropped from nearly 99% in 2017 to 88% in 2021, according to workforce data from Quest Diagnostics.
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